Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-24
APPLICATION FOR PATENT

APPLICATION FOR PATENT.
Where papers have once been hled with the
Register and receiver they become 9 part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ersl Land Once.
An application will be rejected when the
scription of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published in .
new paper designated ~ published nearestth
claim.
Third-Record title was found defective.
and
Fourth-A previous application had been
made for the same premises. which was with
drawn pending Q suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties own separate and dis
tinct portions OF q claim. application for
patent may be made by either for tn at portion
OF the claim owned by him: but where several
parties own undivided interests in . mining
claim all should Join In an application for q
patent.
A person or association may purchase IS
many placer locations IS the local law admits,
and embrace them ell In one application for q
patent.
Two or more lodes cannot be embraced In
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing to sct ~ q deputy for the Register and Re-
ceiver cannot be recorded rs evidences.
In all patents for mining claims situated
within the interior boundaries of town site
q clause 10 in erted "excepting and excluding
all town property, rights upon the surface,
and all houses, buildings, structures, lots.
blocks, streets, alleys or other municipal i'm
provenents not belonging to the grantee here
In, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication of notice must be made a only
one newspaper for the period OF so days.
Notice must be published 10 consecutive
weeks In weekly newspapers, and In daily
newspapers 60 days must elspse between the
fret and last insertions.
Where the Register designates the daily issue
of 8 newspaper FOR publication Of notices of a
mining application for patent it Is not a COM
pliance with law 10 change to the weekly edi.
tion OF the same paper without authority Of
the Register.
The existence OF & salt spring on 9 tract OF
land withdraws It from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the Agricultural
character Of such land Is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 0 separate and
distinct claim against each application which
IL Is alleged conflicts with The premises owned
| by such adverse claimant
The papers IN an adverse claim, once nled
cannot be withdrawn. but become 90 Q part OF the
| record.
when an adverse claim has been filed IL can
not be amended so as to embrace a larger Dor
ton OF the premises than that described In tns
original adverse claim.
An adverse claim must be made out In
proper form and hled in the proper local OH CT
during the period Of publication OF the sppli
cation for the patent to be effective.
1t 10 the duty OF the adverse claimant {
commence suit In proper form within the re-
CURED time, and If he trosts The uncertain
medium Of the United States mail he must
abide the consequences, should the delsy
ensue, through misfortune or accident. Should
the failure TO commence suit be the result of
the cor upt or dishonest seton Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions of law, without stating the
facts specially, Will not he considered In evil.
dence.
An hoNcrat ClhluuQf SHOULD snow q COmDll-
anee with the local laws In recording his claim
and In regard to expenditures, and shall nle a
copy of the original notice Of his location, and
show the nature or extent of the conflict
alleged.
An allegation Of parties to a suit that thew
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AoarouLruRAL or MINERAL rIrns
Where land is Of little. II any value, for aeri.
cultural purposes, but Is essential to The
proper. development Of mining claims, II
should bs disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been Included In an agricultural
entry, said entry will be cancelled st any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valuable ds.
posits.
Where valuable deposits of mineral are dis.
covered upon Q tract sitter the same ,as been
entered 40 agricultural, but before I stent has
peen Issued, the parties claiming the mine
may make application for patent for same.
aud the agricultural entry will be Cancelled To-
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. thsy mass
with the patent. 20
Agricultural College scrip cannot be
ceived In aymen for claims.
ALIENS.
"A foreigner may make q mining location
dispose OF It. provided he becomes a cftizen
before disposing OF the mine. Proof that the
party was not q citizen before disposlno Of his
claim must be afhrmatively shown.
Locstors and intermediate owners. othev
thar applicants. will not be presumed aliens.
In the absence Of allegation or objection nrtor
to issuance Of patent.
The portion of a mining claim sold 10 an
aiien cannot be patented while suoh owner is
an aiien; out on his declaration, O become A
citizen his right dates back TO his purchase.
aud he may thereupon secure United states
patent for his claim.
CROSS LRDGEs.
Revised Statutes. Section 2.3s6:
Where two or more lodges cross or intersact
each otner, priority Of title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral cont ined within the space of inter.
section, put the subsequent location half nave
the right OF way through the space OF inter.
secuon TOT the purpose Of the convenient
WORKING OF the mine. And where two or more
veins unite the oldest or prior. location shall
take the vein below the point of union. in
ciuding all the space OF intersection.
~uNNxLs
There is no authority OF law for a tunnel